Terms and Conditions

1. Acceptance of Terms

By accessing or using the website at diyanretail.com (the “Website”), you agree to be bound by these Terms and Conditions (“Terms”). If you do not agree to these Terms, you must not use the Website. Use of the Website is also governed by our Privacy Policy and any other policies linked herein, which are incorporated into these Terms by reference.

2. Website Use

You may use the Website for personal, non‑commercial purposes only, and in a manner consistent with applicable laws and regulations. You may not:

  • Use the Website in any manner that could damage, disable, overburden, or impair the Website or interfere with any other party’s use of the Website.
  • Use the Website to transmit any harmful, illegal, defamatory, obscene, or otherwise offensive content.
  • Attempt to gain unauthorized access to the Website, its servers, networks, or related systems (including via hacking, scraping, or brute‑force attacks).
  • Use any automated means (including bots, crawlers, or scripts) to access, collect, or repurpose content from the Website except as expressly permitted by us in writing or via our publicly advertised APIs.
  • Use the Website for any activity that violates intellectual‑property rights, privacy rights, or any other third‑party rights.

3. Intellectual Property

All content on the Website, including text, graphics, images, logos, icons, software, product descriptions, and other materials, is the property of Diyan Retail or its licensors and is protected by copyright, trademark, and other applicable intellectual‑property laws. You may not reproduce, modify, distribute, sell, license, or otherwise exploit any content from the Website without prior written permission from Diyan Retail.

You retain ownership of your personal data and any content you submit under Section 10 (User‑Generated Content), but grant Diyan Retail the rights specified below.

4. Limitation of Liability and “As‑Is” Basis

The Website is provided on an “as is” and “as available” basis, without warranties of any kind, either express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, or non‑infringement.

Diyan Retail does not warrant that the Website will be error‑free, uninterrupted, secure, or free from viruses or other harmful components. You use the Website at your own risk.

Diyan Retail will not be liable for any direct, indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, or business opportunities, arising out of or in connection with your use of (or inability to use) the Website.

5. Indemnification

You agree to indemnify, defend, and hold harmless Diyan Retail, its officers, employees, agents, and partners from and against any claims, liabilities, damages, losses, or expenses (including legal fees) arising out of or in connection with:

  • Your use of the Website;
  • Your violation of these Terms or any applicable law; or
  • Any content you submit, upload, or transmit through the Website.

6. Governing Law and Jurisdiction

These Terms shall be governed by and construed in accordance with the laws of India. Any dispute, claim, or proceeding arising out of or in connection with these Terms or your use of the Website shall be subject to the exclusive jurisdiction of the courts located in  West Bengal, unless otherwise required by law.

7. Changes to Terms

Diyan Retail reserves the right to modify or update these Terms at any time, without prior notice. Changes will become effective immediately upon posting the revised Terms on the Website. Your continued use of the Website after such changes constitutes your acceptance of the updated Terms.

We recommend that you review the Terms periodically.

8. Contact Information

If you have any questions or concerns about these Terms and Conditions, please contact us at:
Email: care@diyanretail.com

9. User‑Generated Content

Submission:
If you submit any content to the Website (for example, comments, reviews, photos, or feedback), you grant Diyan Retail a non‑exclusive, worldwide, royalty‑free, sublicensable, and transferable license to use, reproduce, modify, adapt, publish, distribute, and display such content in any media or format now known or later developed.

Responsibility:
You are solely responsible for the content you submit and represent and warrant that:

  • You own or have all necessary rights, licenses, clearances, and consents to submit the content.
  • The content does not infringe any third‑party rights or violate any applicable laws or regulations.

Diyan Retail is not responsible for the accuracy, legality, quality, or appropriateness of any user‑generated content. We may, but are not obligated to, review, moderate, or remove such content at our discretion.

10. Privacy Policy

Diyan Retail is committed to protecting your privacy. Please refer to our Privacy Policy (https://diyanretail.com/privacy-policy/) for information on how we collect, use, disclose, and protect your personal information, including any data collected through Google AdSense and other third‑party services.

11. Third‑Party Links and Services

The Website may contain links to third‑party websites, services, or advertisements. These links are provided for your convenience only. Diyan Retail:

  • Does not endorse, control, or guarantee the content, accuracy, privacy practices, or terms of use of any third‑party site or service.
  • Is not responsible for any damages or losses arising from your use of such third‑party sites or services.

You access third‑party sites at your own risk.

12. Advertising and Google AdSense / Other Ad Networks

  1. Placement of Ads:
    Diyan Retail may display advertisements on the Website, including via Google AdSense, other AdSense‑like programs, or third‑party advertising networks. You acknowledge that these ads may be:
    • Contextual or behavioral, based on your browsing activity, device information, or location.
    • Personalized or targeted, depending on your preferences and settings.
  2. Your Responsibilities:
    You must not:
    • Click on your own ads, or encourage others to click on them artificially or fraudulently.
    • Use automated scripts, bots, or other methods to generate artificial ad impressions or clicks.
    • Modify or block ads in a way that is not permitted by the relevant ad‑network policies.

Any violation may result in removal of ad placements, account suspension by the ad network, or legal action, and Diyan Retail may terminate or restrict your access to the Website.

  1. Compliance with Ad Policies:
    Diyan Retail will comply with the terms of service and policies of Google AdSense and other advertising partners to the extent applicable. However, you agree that Diyan Retail is not liable for any loss, claim, or penalty arising from your own violations of such policies or your use of the Website in an ad‑abuse or fraudulent manner.

13. Termination

Diyan Retail may terminate or suspend your access to all or part of the Website at any time, without notice, for any reason, including but not limited to your violation of these Terms or suspicious/unauthorized activity. Upon termination, you must cease all use of the Website and any related services.

14. Severability

If any provision of these Terms is found to be invalid, illegal, or unenforceable, that provision shall be reformed or severed to the minimum extent necessary, and the remaining provisions shall remain in full force and effect.

15. Entire Agreement

These Terms, together with the Privacy Policy and any other policies explicitly incorporated herein, constitute the entire agreement between you and Diyan Retail regarding your use of the Website and supersede all prior or contemporaneous communications, proposals, or agreements, whether oral or written.

16. Force Majeure

Diyan Retail shall not be liable for any delay or failure to perform its obligations under these Terms due to events beyond its reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, government actions, pandemics, or critical infrastructure failures.

17. Dispute Resolution

Any dispute, claim, or controversy arising out of or relating to these Terms or your use of the Website shall first be attempted to be resolved through good‑faith negotiation between the parties. If such negotiation does not resolve the dispute within [e.g., 30 days], the parties may pursue mediation or arbitration under the rules of relevant organization, , administered in city/state.

Notwithstanding the above, nothing in this clause shall prevent Diyan Retail from seeking injunctive or other equitable relief in a court of competent jurisdiction.

18. Miscellaneous

  • Headings are for convenience only and do not affect the interpretation of these Terms.
  • The failure of Diyan Retail to enforce any provision of these Terms shall not be construed as a waiver of that provision.
  • These Terms do not create any partnership, joint venture, employment, or agency relationship between you and Diyan Retail.